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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant came to know through the open hosting around August 2019 between the victim B (n, 26 years of age) and the defendant around August 2019.
1. The Defendant, from around 01:36 on December 26, 2019 to around 02:42, is the Defendant of quasi-rape, and the Defendant is the same as the Defendant’s Matern (hereinafter “instant Matern”).
Sub-paragraph D (hereinafter referred to as “instant telecom room”).
In this regard, the defendant's sexual organ was off of the victim's breath and clothes without the awareness of being drunk, and inserted the defendant's sexual organ into the part of the victim.
Accordingly, the defendant has sexual intercourse with the victim's failure to resist.
2. Around December 26, 2019, the Defendant taken a photograph of the victim’s chest and part, etc. being drunk by using a cellular phone function of “gallon No. 10”, which the Defendant was in possession of, around 02:19, the Defendant violated the Special Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.).
Accordingly, the defendant taken the body of a person who could cause sexual humiliation or shame by using a camera or other similar mechanism, against his will.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness B;
1. The police statement concerning B;
1. Each seizure record of B and E, each digital evidence analysis report, and the third trial date as a result of reproducing the CCTV image data (Evidence No. 11) from a gene appraisal report and the third trial date;
1. Judgment on the assertion of the defendant and his/her defense counsel regarding internal investigation reports, case-related photographs (including photographs attached thereto), investigation reports (including photographs attached thereto), investigation reports (including photographs attached to digital information related to suspected facts), investigation reports (including the victim's telephone investigation reports), recording and reporting [including attached records], investigation reports (report related to the time of photographing), investigation reports (report related to the point of time of photographing), and investigation reports (rape) and defense counsel;
1. The Defendant has sexual intercourse with the victim on the date stated in this part of the facts charged.